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Oklahoma

Rocin Liquidation Estate v. Pan-American Life Ins. Co. (In re Rocor Intl Inc.)

Plaintiff, the liquidation estate which was debtor's successor, brought an action against defendant creditor, seeking to avoid a $67,610 payment as a preference under 11 U.S.C. § 547. Before the court were the parties'cross-motions for summary judgment.
Ruling: 
Transfer via check was deemed a contemporaneous exchange for new value not a payment on account of an antecedent debt since the date of delivery of the check was the transfer date.
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Gilbane Bldg. Co. v. Air Sys. (In re Encompass Servs. Corp.)

After the debtors' chapter 11 plan was confirmed, plaintiff contractor brought an adversary proceeding against defendant purchaser, seeking a declaration that the debtors'assignment of a subcontract to the purchaser was invalid and remained in the estate, and seeking an injunction against the purchaser from further prosecuting the subcontract in state court. The parties cross- moved for summary judgment; the purchaser moved for abstention.
Ruling: 
Court ruled that it did not have jurisdiction over an action involving the assigment of a subcontract since the subcontract was created independent of the bankruptcy and did not impact postconfirmation distributions to creditors.
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In re Phillips

Debtor filed a motion to extend the automatic stay in her chapter 13 bankruptcy case pursuant to 11 U.S.C. § 362(c)(3) under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Neither the Trustee nor any creditors filed an objection to the motion.
Ruling: 
Automatic stay was extended for second chapter 13 case because the debtor demonstrated good faith in making second filing despite failing to make payments in the first case, and changed circumstances showed an ability to pay.
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In re Rocor Intl Inc.

A bankruptcy debtor was entitled to refunds for overpaid excise taxes on fuel, but the IRS retained the refunds as a setoff against excise taxes due for heavy vehicle highway use. The liquidation estate of the debtor moved for turnover of the refunds, and the IRS moved for summary judgment.
Ruling: 
Setoff was inappropriate where IRS applied postpetition tax refunds to prepetition tax liability.
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